HomeMy WebLinkAboutDTS-06-094 - Demolition Control App DC 06/04/W/LT, 59 & 61 Weber St E0
m
CD
° R 0 07 k R
0
j'%
a
e CD C
cc CD
m
' go- ]
CD
0
0
..
= 3 3
= m £ =
m
2
�
7
M
r m c
D
0 w 0
cn 0 5
�
S k- § R
2
0 7
9 = 0
@\0-
_
_
o+CE0
7!
(
(Q.
K)
U) cc
M ƒ O
7a'cm
c
k /C%n
°
CA)
�
ƒ
O k k
� 2
E
�ok
R
a r
+�
K) 0
_0
9
7(D
= m
07
9 67 ] a R
O
59222
�g7k_0
c
CD
. . c 7 j
0 m a.
CD
_ 0_ 57 CD 0
-u -0 0
0 R 0 $ °
< — _ Q-
m — e m
�Rn£]
m 7 ®
cn —0
_ - 0 0 =
CD CD /_
<
R£ C�
ED
�CDr-
FCD Mm
m0- l< — ;:;.
�
�
\
?
2
\
§
C
a
m
0
..
CD
0
0
..
a)
E
SL
CD
2
a
CA
<
�
7
M
a)
E
ƒ
£
CD
2
ol
6
�
—
K)
2
_
+
7!
(
K)
-0
M ƒ O
k
9
�'
°
/
ƒ
�7
$e �
$�
�
C
m
_
=
b
_ 07
=
<
§ q 0
6
�
—
K)
87
_
+
0qG
K)
-0
M ƒ O
k
9
�'
°
/
ƒ
E
R
+�
K) 0
_0
9
S
m
O
0
c
m 7 ®
—
<
0
§
�CDr-
7
S r- S
m
m
7
m
L
B CD
J
0
_0
S
CD
k mn
D
0
/
0
_ %
UT — g
_—
m_
CD 0
?
c 2
=
a
\ R
4
ƒ
0 0
/
_
7
/
7
C
J 2
ƒ
S �
Q
§ ®
§
_
�7
$e �
$�
�
(a) That the owner complete a proper photographic documentation of the two structures to
the satisfaction of the City's Heritage Planner prior to the issuance of a demolition permit;
(b) That the property damaged by fire at 59 Weber Street East be approved for demolition
immediately upon completion of the photographic documentation of the structure; and
(c) That the property at 61 Weber Street East be approved for demolition subject to the
following conditions:
1) That the owner obtain final site plan approval; and,
2) That the owner obtain a building permit for the proposed development.
Upon satisfaction of conditions 1 and 2, the Chief Building Official may authorize and
issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit
will be subject to the following condition:
That in the event that construction of a new residential building having at least 12
dwelling units is not substantially complete within 2 -years of the date of issuance of the
demolition permit, the City Clerk may enter on the collector's roll, to be collected in like
manner as municipal taxes, $20,000 for each dwelling unit contained in the residential
properties in respect of which the demolition permit is issued and such sum shall, until
the payment thereof, be a lien or charge upon the land in respect of which the permit to
demolish the residential property is issued.
BACKGROUND:
The subject properties are located at the corner of Weber Street East and Scott Street in the
Commercial - Residential district of the Downtown. The subject properties are zoned D -5 with
Special Use Provision 140U and are designated Commercial - Residential in the City of Kitchener
Municipal Plan. The building at 59 Weber Street East is a vacant 12 unit multiple dwelling that
was previously damaged by fire and 61 Weber Street East is an occupied 4 unit multiple
dwelling.
The City has initiated this demolition control application to facilitate the demolition of the building
damaged by fire.
The owner intends to remove the fire damaged vacant structure at 59 Weber Street East
immediately and once site plan approval is in place proceed with the demolition of 61 Weber
Street East.
REPORT:
1. Notification
Preliminary circulation of the demolition control application was undertaken on May 29, 2006 to
internal departments. Comments were received from three divisions (see comments attached).
As there is no right of appeal for demolition control applications, this application was not
circulated to the public for comment, however, as a courtesy and for information purposes, all
property owners within 60 metres of the subject property were circulated an information letter.
2. Planning Comments
Under the Planning Act, the purpose of demolition control is to maintain residential properties
within the municipality and to prevent their premature or unjustified removal. Where no new
building permits will be issued for a new building on the site, seven criteria outlined in Council
Policy 1 -1010 are used to evaluate the appropriateness of an application to demolish a
residential building. Notwithstanding the fact that a new 44 unit, 12- storey multiple dwelling is
proposed, City Staff have weighed the proposal against the abovementioned criteria:
1. Property Subject to the Ontario Heritage Act
The subject buildings are listed on the Heritage Inventory under the Ontario Heritage Act,
however, they are not noted as being "designated" properties.
2. Architectural and Historical Value of the Dwelling
The City's Heritage Planner advises that both of these structures are listed on Heritage
Kitchener's Inventory, however there is little supporting documentation regarding the specific
nature of the Committee's interest and reason for listing the properties. Further, properties
listed on Heritage Kitchener's Inventory have no formal heritage status under the Ontario
Heritage Act or the Planning Act. Council has yet to decide whether it intends to add privately
owned non - designated property to the Municipal Heritage Register, which would serve to
provide some status to listed heritage properties under the Provincial Policy Statements in the
Planning Act and provide options for conservation. As a result, if a property is of significant
heritage value or interest and is the subject of a demolition control application and an
application to redevelop the property, it is our understanding that the only recourse available to
the City to prevent the demolition is to designate the property under the Ontario Heritage Act.
In this regard, 59 Weber Street East has been the subject of significant damage as a result of a
fire and is in very poor condition. The building is vacant and has been the subject of several
alterations and retains little architectural value. It is not a candidate for designation.
In contrast, 61 Weber Street East appears to be in fair to good condition, is currently occupied
and serves as a fine example of the Italianate style with original building features intact. Though
the building may be a candidate for designation because it is a representative example of
Italianate architecture, its historical and associative value is yet unknown, and it has limited
contextual value. In the absence of information regarding its historical and associative
significance; in consideration of its surroundings which lack contextual value; and given the
plans for redevelopment, the City's Heritage Planner does not believe it would be appropriate to
designate the property to prevent its demolition.
However, the Heritage Planner is of the opinion that given the architectural significance of 61
Weber Street East, the fact that it is currently occupied and appears to be in fair to good
condition, there would be merit in adding a condition to any demolition control approval that
would have the effect of preventing the premature demolition of 61 Weber Street East.
Specifically, that a condition be added to the approval requiring issuance of site plan approval
and a building permit within 2 years of Council's approval of the demolition control application,
prior to the issuance of the demolition permit for 61 Weber Street East.
The Heritage Kitchener Committee discussed the proposed demolition at their meeting of June
6, 2006, and have no objection to the proposed demolition, however, the Committee is
requesting that staff add a condition requiring the owner to complete a proper photographic
documentation of the two structures to the satisfaction of the City's Heritage Planner prior to
issuance of a demolition permit. This documentation would typically include taking digital
photographs of all exterior building elevations and architectural features (windows, doors,
roofline, chimney and architectural detailing), as well as features on the interior that could be of
architectural interest including original building elements (for example fireplaces and mantels,
window and wood trim, staircases, ceiling medallions, etc.)
3. Condition of the Dwelling
The building at 59 Weber Street East is vacant due to a fire and is in poor condition. 61 Weber
Street East appears to be in fair to good condition and is presently occupied with tenants.
The Building Division advised they have no concern with the proposed demolition. However,
the applicant will be required to obtain a separate demolition permit for each building, prior to
the building being demolished. The fee for a demolition permit is $100.00 and the applicant will
be required to submit a pre and post site grading plan.
4. Neighbourhood and Streetscape Quality
The owner is required to obtain site plan approval under Section 41 of the Planning Act for the
redevelopment of the property. Through this process, development of the site will be evaluated
and ensured to be in conformity with the Zoning By -law and the relevant urban design
guidelines. This process will promote compatible development with the surrounding area.
Planning Staff recommend that a condition be imposed as part of this application that the owner
be required to obtain final site plan approval and a building permit for the 44 unit, 12- storey
multiple dwelling, prior to the issuance of a demolition permit for the building at 61 Weber Street
East.
5. Timeframe of Redevelopment
Planning Staff are including the following condition to ensure the timely redevelopment of the
site:
That in the event that construction of a new residential building having at least 12 dwelling
units is not substantially complete within 2 -years of the date of issuance of the demolition
permit, the City Clerk may enter on the collector's roll, to be collected in like manner as
municipal taxes, $20,000 for each dwelling unit contained in the residential properties in
respect of which the demolition permit is issued and such sum shall, until the payment
thereof, be a lien or charge upon the land in respect of which the permit to demolish the
residential property is issued.
6. Community Feedback
No circulation was made to the public as a new residential building is proposed for construction
on the site.
7 Zoning Compliance of the Proposed Use
A 44 unit, 12- storey multiple dwelling is a permitted use within the D -5 zoning that applies to the
property.
3. Comments Received
The City's Heritage Planner advised that there are no objections with respect to the demolition
control application provided that the City impose a condition to prevent the premature demolition
of the property at 61 Weber Street East and that the owner complete a proper photographic
documentation of the two structures to the satisfaction of the City's Heritage Planner prior to the
issuance of a demolition permit. The Building Division has advised that a separate demolition
permit will be required for each building. Engineering Services advises that any redundant
driveways are to be closed with new curb, gutter and boulevard landscaping to be installed all to
the City of Kitchener standards at the owner's expense. As well, the owner is required to make
satisfactory financial arrangements with the Engineering Division for the removal of any
redundant service connections.
4. Summary
Having considered the criteria established in Council Policy 1 -1010, Planning Staff are satisfied
that the proposed demolition is justified. As such, Planning Staff recommend that demolition
control application DC 06 /04/W /LT requesting permission to demolish a 12 unit multiple dwelling
and a 4 unit multiple dwelling located at 59 and 61 Weber Street East respectively, and legally
described as Part Lots 8 & 9 Registered Plan 372 and Part Lot 1, Registered Plan 364 Part Lots
9 & 10 Registered Plan 372, be approved, subject to the conditions outlined in the
recommendation section of this report.
FINANCIAL IMPLICATIONS:
None.
Lisa Thompson, CPT
Development Technician
Attachments:
• Drawing submitted with application
• Comments from City's Heritage Planner
• Comments from Building
• Comments from Engineering
Jeff Willmer, MCIP, RPP
Director of Planning